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2001-02-05 REGULAR TOWN BOARD MEETING FEBRUARY 5, 2001 7:00 P.M. MTG#6 RES# 56-79 B.H. #4 LL # 1 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW DIRECTOR OF BUILDING AND CODES, DAVE HATIN EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND COMPTROLLER, HENRY HESS DIRECTOR OF INFORMATION TECHNOLOGY, BOB KEENAN TECHNOLOGY COORDINATOR, WILLIAM SHAW PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 56,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 5th day of February, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone PUBLIC HEARING SEWER VARIANCE APPLICATION OF MICHAEL & HOLLY DANSBURY OPENED NOTICE SHOWN AGENT CHARLES SCUDDER REPRESENTING APPLICANT MR. DANSBURY-The Dansbury's are interested in putting a new bathroom in their home. It will increase the living space therefore they have to examine their wastewater system and upgrade it, which they are willing to do. We've done the best we could given the site limitations to do that. I would ask you if you have the drawing in front of you to notice a couple of things. COUNCILMAN BREWER-Charlie do you have an extra copy of that map for some reason I don't seem to have mine. I know I had some questions on it. MR. SCUDDER-I have the site plan I don't have the details. What we're proposing to do is to eliminate the point source, which is close to the house it is indicated on the site plan. The steel septic tank and cesspool are to be removed and a new absorption system is put out into the northeast corner of the parcel. That absorption system takes advantage of some new technology, which is, called an in-drain system, you may have heard of it. It is approved by the State Health Department probably for the past two years accepting by the Town of Queensbury. The point is the manufacturer claim that they get biological treatment in this system as well as just a way to get the water into the ground. From that standpoint it's a big improvement because we eliminate the point source of pollution to the groundwater and we provide additional treatment we get the system away from the house. From the standpoint of the Dansbury's it is a significant site improvement. The down side to it is that we move it closer to the drilled well on the Bodette parcel. Incidentally the Bodette well is a drilled well a cased well and I'm told there are forty feet of casing at that location. Also at the location of the well the ground elevation is about eight feet higher than the ground elevation where we proposed to put the new in-drain system. COUNCILMAN BREWER-I think the question that I had Charlie was last week when we talked about it you show the pipe going underneath the driveway. MR. SCUDDER-Yes. COUNCILMAN BREWER-In the detail it doesn't show how it's going to be protected. In other words if they had a truck come in or whatever how is it going to be protected? MR. SCUDDER-First of all its heavy duty pipe. It is SDR-26 pipe which is much heavier than what is normally used normally it's SDR-35 which is considerably lighter, but adequate for most purposes. Secondly this pipe is incased in stone I think there is a detail on the drawing that shows the trench construction isn't there? COUNCILMAN BREWER-Yes there is it is surrounded by crushed stone. I thought somewhere in our ordinance and maybe Dave can answer that is there some requirement and does it meet this requirement for the pipe underneath the driveway? DIRECTOR OF BUILDING & CODES, MR. HATIN-The leaching field cannot be in the driveway or paved area or driving lane. The pipe can't cross that area provided... COUNCILMAN BREWER-As long as its according to this detail it's not a problem. That was the only question I had last week and nobody was here to answer it. MR. SCUDDER-I think that construction will be more than adequate for wheel loads. COUNCILMAN BREWER-That's fine as far as I'm concerned. SUPERVISOR BROWER-It's an awful lot closer to the neighbors well though. COUNCILMAN BREWER-It's so close to that porch I thought it has to be ten feet from the house. MR. SCUDDER-To the Bodette well? It is closer but the quality of the wastewater should be more innocuous it's kind of an off set. SUPERVISOR BROWER-Because of this in-drain system. MR. SCUDDER-Pardon me? SUPERVISOR BROWER-Because of this in-drain system itself. MR. SCUDDER-I think the State supports the argument that there is biological treatment in the system. Are you familiar with this system any of you? SUPERVISOR BROWER-I'm not personally. COUNCILMAN TURNER-Yeah. COUNCILMAN BREWER-I'm not this end of the table isn't. MR. SCUDDER-The claim is made that you get three-stage treatment. First of all you get the settling in the septic tank secondly you get biological treatment within the proprietary units and thirdly you get filtration in the sand which those two things you would get anyway. But, I would contend that eliminating that cesspool that point source of direct infiltration into the groundwater is a big factor because we're going to get the system up so there is more sand under it. We're going to spread it out and we're going to give it biological treatment. SUPERVISOR BROWER-Anymore questions for Mr. Scudder at this time? COUNCILMAN STEC-Dave our code doesn't refer to this kind of system in any special manner does it as far as recognizing. . .. DIRECTOR OF BUILDING & CODES, MR. HATIN-Our code refers to State Health Code, which does approve these for use. COUNCILMAN STEC-But does the State Health Code come in any say this is preferred. I'm looking at something that the State may be saying that could justify granting some relief. DIRECTOR OF BUILDING & CODES, MR. HATIN-I don't know of anything that says they are preferred they are an approved system under the State Health Code. I don't know of anything that says they are better or worse. COUNCILMAN TURNER-There have been many of these put in the town up around Lake George especially. MR. SCUDDER-One of the advantages is when installed according to the manufacturers recommendations which is what the State Health Department requires for a given area you can get more application in other words you can save space and still get better treatment. SUPERVISOR BROWER-Thank you Mr. Scudder. Anything else you like to add at this time? MR. SCUDDER-I don't think so unless you have some further questions Mr. Supervisor. SUPERVISOR BROWER-Mr. Hatin would you come forward. What are your observations regarding this system? DIRECTOR OF BUILDING & CODES, MR. HATIN-I take it the board hasn't been to the site. SUPERVISOR BROWER-Ted has. DIRECTOR OF BUILDING & CODES, MR. HATIN-Ted has okay. There is an embankment at the rear of the site, which doesn't show on the plot plan it kind of limits amount of area available for a new system. Also the parking area that they currently have that all limits the space. You can see the parking area outlined on the dotted lines on the plan. Basically the rear of the property goes steep uphill from there. This really is probably the logical spot on the site where you could put it, but you do have to contend with the neighbor's wells so that's the down side. Other than that I don't know what I can answer more for you there isn't many alternatives short of a holding tank for this site. A standard system would not fit on this site the setbacks to the wells would be less and you would be giving more variances for a standard system. SUPERVISOR BROWER-Thank you Dave. Thank you Mr. Scudder. At this time I'll open it up to the public and accept any comments from the public anyone that would like to comment, Mr. Salvador. MR. SAL V ADOR- The use of a cesspool has for many, many, many years been a condition of noncompliance. Before you entertain the thought of an expansion of the dwelling I think it is incumbent upon the applicant to bring the present wastewater system into compliance. Along the way we should satisfy ourselves that there has been no contamination of ground water in the meantime that's a process you have to go through. Then after that's done I think that then the applicant could make an application for an expansion of the dwelling. SUPERVISOR BROWER-Would anyone else care to comment on this application at this time? MR. SCUDDER-I just want to say to the board that it's a technical increase in living space. That is to say a closet is being converted to a bathroom. SUPERVISOR BROWER-How many baths are in the dwelling right now? MR. SCUDDER-There is a bathroom downstairs one. SUPERVISOR BROWER-Just the one. MR. SCUDDER-These folks have their bedrooms upstairs. SUPERVISOR BROWER-They are only adding the bath? MR. SCUDDER-They are adding a bathroom as a practical matter they are changing a closet to a bathroom. What is it eighty-four square feet I think we're talking about? COUNCILMAN MARTIN-Same numbers of bedrooms? MR. SCUDDER-So they don't have to run downstairs to the bathroom. Pardon me? COUNCILMAN MARTIN-Same number of bedrooms? MR. SCUDDER-Yes. There is no increase in bedrooms no increase in habitable space just changing a closet to a bathroom. COUNCILMAN MARTIN-Is this a seasonal dwelling summer only? MR. SCUDDER-Primarily, but there is nothing to say they can't occupy it in the wintertime. COUNCILMAN MARTIN-How about the ones next doors Bodette and Single are those? MR. SCUDDER-I would the same that's the same. COUNCILMAN TURNER-Aren't they close to retirement? MR. SCUDDER-These folks my clients? COUNCILMAN TURNER-Yes. MR. SCUDDER-I think so. COUNCILMAN TURNER-Then the look is that they are going to move up there probably. MR. SCUDDER-Could very well be yeah. COUNCILMAN MARTIN-So there is nobody currently in the Single residence or the Bodette residence? MR. SCUDDER-I can't say. Those folks live in the area my clients live in New Jersey. I would imagine they may go out there on weekends or they may vacation out there. I know they plow the snow so I suggest that they are out there from time to time. COUNCILMAN TURNER-Have they ever had a problem with the cesspool? MR. SCUDDER-My client? COUNCILMAN TURNER-Yeah. MR. SCUDDER-Not that I know of. The only reason they are doing this is they want to put a bathroom on the second floor in a closet am I right Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes correctly stated. COUNCILMAN BREWER-Doesn't our ordinance apply to septic systems to the bath numbers of bedrooms not number of bathrooms? COUNCILMAN MARTIN-That's why I asked about the number of bedrooms. COUNCILMAN BREWER-If they are not increasing the bedrooms... MR. SCUDDER-They just want the convenience of a bathroom up where the bedrooms are. COUNCILMAN MARTIN-The only thing that makes me nervous is that sixty seven-foot distance. MR. SCUDDER-Well I want to say again that to ameliorate your concern it is a cased well it is not a shallow well. COUNCILMAN MARTIN-What is the depth of it? MR. SCUDDER-Forty feet of casing as to the booring I don't know, but I don't think it goes into the rock this is the information I got from the owner. COUNCILMAN BREWER-And the owner signed off on it right? MR. SCUDDER-And the owner did sign off on it. By the way the owner is a registered nurse she works for the physicians at Irongate. COUNCILMAN MARTIN-I sure would like to have a water test out of those taps in the Single house and the Bodette house chloroform. SUPERVISOR BROWER-Is that a recommendation? COUNCILMAN MARTIN-I'm just speaking here off the top of my head but they are out of town I mean I'd like to know how that water is out of those taps. If there has nothing been going on in that house since August you are not going to have a very representative sample. MR. SCUDDER-All I can tell you from what I know is that I've asked this question of each of these people that is my client's and the neighbors and they all say their water tests are satisfactory. You understand as I do that a test is a test on a grab sample at the time you take it. COUNCILMAN MARTIN-Right. SUPERVISOR BROWER-Do we have any correspondence regarding this Karen? DEPUTY CLERK O'BRIEN-Just the letter that was received from Dave. COUNCILMAN MARTIN-Has the Health Officer looked at this plan Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-No generally that's not the way it's done. COUNCILMAN MARTIN-I know. COUNCILMAN BREWER-What did we do with the system that we had a couple of months ago that was like ten feet from their line did we do a holding tank? COUNCILMAN STEC-We did a holding tank. COUNCILMAN BREWER-Have they considered that Charlie or is this system much better you think? MR. SCUDDER-This is a much better system than what they have now. If you're asking me is this better than a holding tank I'd have to ask you in what sense do you mean that. A holding tank is a big inconvenience it's a last ditch solution. COUNCILMAN BREWER-Is there any representation anywhere that suggests a separation between a well or a water source in this type of system? DIRECTOR OF BUILDING & CODES, MR. HATIN-The State Code requires the same as if it was a conventional system. MR. SCUDDER-That's right. A hundred feet has been an accepted horizontal separation distance for as long as I can remember and that's quite awhile. COUNCILMAN MARTIN-That is quite awhile. COUNCILMAN BREWER-I wasn't going to say it I was thinking it. SUPERVISOR BROWER-Chris I have a question for you maybe Chris and Mark I don't know. Can we condition an approval of a project like this that if in the future it contaminates the neighbor's groundwater and their well that they be forced to convert to a holding tank? COUNCILMAN MARTIN-It is going to be pretty hard to determine if that's the source of the contamination. TOWN COUNSEL SCHACHNER-Also that's a forever type condition from the end of time, as we know it. I guess that's not a type of condition we would suggest. SUPERVISOR BROWER-It would be very unusual. TOWN COUNSEL SCHACHNER-If you are concerned about the water quality in those wells one of the board members I think mentioned about getting.. . now to do that that's not always going to prevent future contamination. Future contamination maybe a whole slue of issues that arise at that time that causes... that's not a solution we would suggest. COUNCILMAN MARTIN-Sure do wish this were July. MR. SCUDDER-There is one other thing I didn't say and that is the topography suggests and this is based on normal groundwater hydrological principles that the movement of groundwater is towards the lake. That's where the recharge comes from is from the ground. COUNCILMAN STEC-Mark can we condition approval on a satisfactory test of the current situation? TOWN COUNSEL, SCHACHNER-Sure that I would be much more comfortable with as long as you do two things. To define the perimeter number one you can do that within a certain amount of time and number two explain what you mean by satisfactory test. COUNCILMAN BREWER-What is that going to accomplish? If they take a test now and the system not there how is that going to accomplish anything. COUNCILMAN MARTIN-There has been nothing used there for months. COUNCILMAN BREWER-What I'm saying Jim is the system they have right now is back here. If we go out there in April or May and take a test of this well here what good is it going to be because this system is not here. COUNCILMAN MARTIN-If I was to get a sample I'd like to get a sample out of all three faucets. I'd like to get one out of Bodette, out of the applicant, out of Single. I'd like to get like three samples taken at varying times of the week and day and get a real representative cross section here of what's going on. In order to do that you really ought to be out they're in late July doing that. COUNCILMAN BREWER-So if we take a test from Danbury's home right as it is now... COUNCILMAN MARTIN-It's going to be probably crystal clear because there has been nothing going into the ground. COUNCILMAN BREWER-I'm saying in July it maybe contaminated, but if you move that system out there on the back of the lot it might not be. MR. SCUDDER-We certainly hope it won't be that's the whole point. COUNCILMAN BREWER-Understood, but that what I'm saying is that is not their now so what good does the test do. COUNCILMAN STEC-I don't see gaining much for the test either. COUNCILMAN BREWER-Do you follow what I'm saying? MR. SCUDDER-I do. COUNCILMAN STEC-Ifyou test now the spring won't tell us much. You are right it has been idol for most of the winter. The bottom line is you are getting a new system further away from their well. Their current system is inferior and very close to their own well. MR. SCUDDER-But, it's also a better system. COUNCILMAN STEC-Right so you are getting a better system and it's going to be further away from the closest well, but it will be closer to Bodette's well, but further from Single. MR. SCUDDER-But we don't believe that the flow of groundwater logically would be from the Danbury's absorption system toward the well. COUNCILMAN BREWER-It flows the opposite way. COUNCILMAN STEC-It should go the other way. MR. SCUDDER-It would go the other way it would go towards the lake. COUNCILMAN STEC-I'd be happier if sixty-seven feet was eighty-seven feet. COUNCILMAN BREWER-We could make it seventy-seven feet and put it right on the line and then grant them the variance from the ten-foot could you do that? COUNCILMAN STEC-I understand what you did you tried to minimize the number of variances you needed. COUNCILMAN BREWER-I would rather give them a variance here.... COUNCILMAN STEC-Right and get them further from the well the property lines are more arbitrary. COUNCILMAN MARTIN-You are probably going to stay complient on the distance from the Single well. COUNCILMAN TURNER-You are only talking ten feet setback. COUNCILMAN BREWER-Well you guys have a concern so ten feet is ten feet. COUNCILMAN TURNER-But that's right on the line you want to put them on the line? COUNCILMAN MARTIN-I agree with Tim I'd rather put it on the line and have it further away. COUNCILMAN BREWER-What difference does that make if the line doesn't affect anything? COUNCILMAN STEC- The line means nothing to the health. COUNCILMAN MARTIN-The line is meaningless the real dimensions are the separations from the wells. COUNCILMAN BREWER-Ten feet may make a difference it may not I don't know. COUNCILMAN MARTIN-It doesn't hurt it's in the right direction. I feel better about seventy-seven than I do sixty-seven I'll tell you that. DIRECTOR OF BUILDING & CODES, MR. HATIN-Can I just make a comment for the board. If you move the well towards the Single and the Danbury property line you most likely unless you move the system back a little further will create a violation of the hundred foot setback to the Single. COUNCILMAN STEC-Move it towards the corner of the lot. DIRECTOR OF BUILDING & CODES, MR. HATIN-You would have to put it up in the corner. COUNCILMAN BREWER-I would feel more comfortable doing that. DIRECTOR OF BUILDING & CODES, MR. HATIN-It will also push it farther from the Danbury well, too. COUNCILMAN BREWER-Ten feet. DIRECTOR OF BUILDING & CODES, MR. HATIN-Probably another five to ten feet. COUNCILMAN MARTIN-It would be almost compliant then. COUNCILMAN STEC-We're not encroaching towards anyone wells as we move in that direction. COUNCILMAN BREWER-Their well points in the front of their house. COUNCILMAN MARTIN-If it helps I'd like to put it in that upper most corner. MR. SCUDDER-Right back in the corner on the line on the two lines? COUNCILMAN MARTIN-On the back line and on the sideline. MR. SCUDDER-I can do that. SUPERVISOR BROWER-Are you able to do that. COUNCILMAN STEC- Then we're talking about giving you twenty-three feet instead of thirty three feet of relief. COUNCILMAN BREWER-Do we have to change and do another public hearing or anything Mark? TOWN COUNSEL, SCHACHNER-On the determination of whether you need to conduct a public hearing involves whether the proposed modification are material or substantial or if they are minimal changes. COUNCILMAN STEC- These are minimal changes. TOWN COUNSEL, SCHACHNER-That's not the issue it's not better or worse it's the reality. COUNCILMAN STEC-We're still talking about granting variances for the same two things we're just changing a number a little bit. If we put it towards that corner then that eighty feet is going to grow to eighty-five or whatever. COUNCILMAN MARTIN-Just to get some definition of that for the record for me. I would say if we we're going to do something that pushed the system closer than what the neighbors were expecting and it was explained to them wasn't explained to them then I would consider that a material change. Like if we were going from one hundred and five to ninety-five for the Single's, I consider that a material change and we should re-notice it. COUNCILMAN STEC-Right, I agree. COUNCILMAN MARTIN-But, if we're going to maintain one hundred and five or go to one hundred and seven and we're going to go from sixty-seven to seventy-seven, we're going to go from eighty to ninety I don't think those are material. COUNCILMAN STEC-I agree. COUNCILMAN TURNER-The setback is zero to zero does the Donahue's have a problem with that? COUNCILMAN MARTIN-That's the only impact. Have you talked to them at all Charlie about this? MR. SCUDDER-That land is vacant and I'm not even sure my clients know who those people are I have asked about them. COUNCILMAN BREWER-How do they get to that land Charlie? MR. SCUDDER-It's called Hemlock and it's like a long driveway going into this property and the properties on either side. COUNCILMAN MARTIN-I think that's a better situation speaking for me. COUNCILMAN STEC-I think it's a better situation the only thing that's got me scratching my head now is the Donohue's now we're encroaching on a setback that affects them. TOWN COUNSEL, SCHACHNER-And previously that particular setback would not have been violated? COUNCILMAN STEC-Right. COUNCILMAN MARTIN-Right. COUNCILMAN TURNER-Yeah. COUNCILMAN BREWER-Right. TOWN COUNSEL, SCHACHNER-Now you're talking about a neighbor who could of in theory reviewed the public notice with this and said, well there is no encroaching on our. . .. COUNCILMAN MARTIN-That's a material change. COUNCILMAN STEC- That's a material change, I agree. COUNCILMAN BREWER-Can we contact those people and see or would we have to do this process all over again? TOWN COUNSEL, SCHACHNER-Readvertise.... COUNCILMAN MARTIN-I think we readvertise and say they're seeking relief on the side property line setbacks I mean that's fair. COUNCILMAN TURNER-I don't want to do it without they're... COUNCILMAN BREWER-I think that's fair. COUNCILMAN STEC- That gets us to ninety feet. COUNCILMAN MARTIN-There is no burning desire here in February is there Charlie to get this done? MR. SCUDDER-The carpenter is most anxious to get in there and get that bathroom built. He doesn't have any work right now and I'm in the doghouse with him. COUNCILMAN MARTIN-If I said it once I said it a thousand times we're not building houses in Kansas either so. This is the shore of a lake it's a lot different situation. DIRECTOR OF BUILDING & CODES, MR. HATIN-Do you want the applicant to reapply then so it can be re-noticed with an updated plan? COUNCILMAN BREWER-I don't know that we have to reapply can't we use this application and readvertise? COUNCILMAN MARTIN-If we're going to have a delay here I'd like to have Charlie go back and give us a chance for a scaled dimension then of the separation from the Single well given the change and to recalculate all the separations distances if you put it up in that corner. MR. SCUDDER-I believe that I can maintain a hundred feet from the Single well and also ten feet from the Donohue property just by sliding that over to the east. COUNCILMAN MARTIN-It gives us a chance to verify that now. I think we're going to have a delay here cause I'm hearing that we want to readvertise this. COUNCILMAN BREWER-We may have to if it encroaches on the Donohue's then we have to we're forced to. DIRECTOR OF BUILDING & CODES, MR. HATIN-Can I perhaps shortcut this I think I know where the board is headed with this. Why don't we have Mr. Scudder prepare a new plan shift it to the east and if he maintains the ten-foot from the Donohue property then they're not affected by any variances. He obviously will violate the ten feet to the Single property and they aren't really affected by this now either they would affect them in a different form he may still maintain at least a hundred feet to their well so that would not affect them in that regard. I believe you still have to readvertise and submit a new application either way. It's basically starting the process over again because it is a different application. COUNCILMAN BREWER-Can we do this at our next meeting? DIRECTOR OF BUILDING & CODES, MR. HATIN-You could set the hearing at the next meeting. COUNCILMAN BREWER-That gives them another month. COUNCILMAN STEC-Could we set the hearing tonight why do we need to wait three weeks? SUPERVISOR BROWER-Our next board meeting is the twenty-sixth. DIRECTOR OF BUILDING & CODES, MR. HATIN-The ten day notification period. COUNCILMAN MARTIN-Why don't we do it right now? COUNCILMAN BREWER-Can we do that Mark? TOWN COUNSEL, MR. SCHACHNER-You want to have an application in order to set the public hearing. It sounds like to sort of have a verbal description of an idea. You have to physically have an application before you set a public hearing that is the appropriate action. COUNCILMAN STEC-I don't think we're sending him back to the drawing board either I think we're just saying hey we're modifying two setbacks. SUPERVISOR BROWER-We have a workshop next Monday. COUNCILMAN BREWER-You still have to have ten days to advertise. We could set the public hearing Thursday couldn't we Mark if we had the application? COUNCILMAN TURNER-If we had the application we could do it next week. COUNCILMAN STEC- Y ou could still do it on Monday because there is twenty-one days to the next meeting. COUNCILMAN BREWER-To set the public hearing. Ifwe set the pubic hearing Thursday at our special meeting could we then do it the twenty sixth? COUNCILMAN STEC-We could set it at the workshop on the twelfth. TOWN COUNSEL, SCHACHNER-Looks like you have plenty of time. COUNCILMAN BREWER-Okay do that. If you get us an application by Thursday morning we can that night set the public hearing then we could do it the twenty sixth. MR. SCUDDER-Thursday morning of this week? COUNCILMAN BREWER-Right. COUNCILMAN MARTIN-You've got a little midnight oil left Charlie. COUNCILMAN STEC-Why can't we set the public hearing a week from tonight? We have a workshop on the twelfth don't we that still gives us fourteen days to the twenty sixth so that gives you a week from the tonight instead of trying to make it Thursday morning. DIRECTOR OF BUILDING & CODES, MR. HATIN-We have to have it by Thursday either way for something to go out for Monday's meeting. COUNCILMAN STEC- That's right. MR. SCUDDER-I can have the site plan redrawn and a new application for Thursday. COUNCILMAN BREWER-Okay that will work. SUPERVISOR BROWER-Thank you Mr. Scudder. TO RESUBMIT NEW APPLICATION RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 4,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 5th day of February, 2001, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower Noes: None AbsentNone PUBLIC HEARING ENACT LOCAL LAW - DISPLAY OF STREET ADDRESS OPENED 7:35 P.M. NOTICE SHOWN SUPERVISOR BROWER-Do we have anyone in the audience that would like to speak on the proposed local law regarding displaying your proper house number? MR. TUCKER-I did have something to say on this, but David has convinced me he needs it. SUPERVISOR BROWER-One last time anyone want to speak on this particular local law? JOHN SAL V ADOR-I just have a couple questions for clarification. Is there a presumption then that wherever these numbers are going to appear on dwellings that the roads will be maintained winter and summer, plowed, sanded, salted? SUPERVISOR BROWER-If they are dedicated town roads, yes. MR. SALVADOR - We do have this numbering system on private roadways. SUPERVISOR BROWER-Then Mr. Salvador where there are dedicated roads the town will maintain them. Where there are not dedicated roads people will maintain themselves. MR. SALVADOR-But what if the dwellings are seasonal use dwellings there is no reason to go down there. COUNCILMAN BREWER-Hopefully there wouldn't be a fire down there in an emergency. MR. SALVADOR-Hopefully, but you don't know. COUNCILMAN STEC-John I would say that regardless of what we do tonight it has no bearing on the accessibility issues that may currently exist. We're not changing anything with respect to private right-a- ways or the situation that currently exists will continue to exist this doesn't change anything. MR. SALVADOR-This is forcing people to clearly identify their dwelling? COUNCILMAN STEC-So you can find it in an emergency. MR. SALVADOR-The dwelling identification is tied to the location of the dwelling on some kind of an access road be it a town road, county road, whatever, private roads are included. SUPERVISOR BROWER-Yes sir. MR. SALVADOR-If emergency services are called to a certain location and they can't access the dwelling then what, the steepness of the hill. I can tell you up on Dunhams Bay what we have. . . . COUNCILMAN BREWER-Hypothetically right now if there was an emergency on any of those roads that you are speaking of if there was a fire you call the fire company how are they going to get there, answer me now before we do this law so if that will change anything. COUNCILMAN STEC- Their going to respond and if the road is not passable this doesn't address the passability of the roads. MR. SAL V ADOR-I have a lot of private driveways on my property. I have an obligation to keep those free and clear for emergency services. I have insurance that is predicated on that I have this obligation I'm on the premises I take care of this. A residential property owner may have the same obligations, but they are not there so they don't do this that's all I'm saying. You are going to wind up in a situation you are trying to enforce something that really doesn't make any difference because you can't even get there anyway. SUPERVISOR BROWER-I think that would be the rare exception, but that could exist, yes. Their insurance wouldn't cover them either if they are not plowing their driveway, as you know. COUNCILMAN STEC-A lot of these homes are located on property that was given a variance from our road frontage requirement the owners aware of the condition that he's buying into. It's not a town road it's a private right-a-way the town doesn't, I mean this doesn't change any of that. MR. SALVADOR-How about vacant land, vacant land has the same numbering system? SUPERVISOR BROWER-Maybe Dave could comment on that. I believe they've provided provisions for those numbers. DIRECTOR OF BUILDING & CODES, MR. HATIN-This law is not intended for vacant land. This is intended for places where structures currently exist or will exist in the future. Getting back to John's first question if I understand where John is coming from this law was created not to so much make things more easily identifiable as it was to take care of problems with people who refuse to change their number that is what basically started this process. We have people out there that refuse to change their numbers. If they refuse to change their numbers they in essence mess up the sequence of numbers on a street. That delays emergency services getting to them that's the reason for this law. It is to make those people force them to change their number to the correct street address. If they don't want to change their mail that's fine, but at least the correct street address will be there. When I go out as in Hillcrest Avenue and renumber the street and that's what started this process I said I would not renumber the street unless we create a law to force people to change their numbers. It's a waste of my time and everybody else's time, town time to go out there and change everybody's number give them the letter saying this is your new number then they keep their old number which throws the whole system off. The new system that would go in the 91 I-computer bank would be based on the new numbers not on the old numbers. COUNCILMAN STEC-Dave I can tell you though because you mentioned mail the postman is going to deliver to a house number in most cases the postman is familiar with his neighborhood that he delivers in. But there will be people that will say fine I need a number for the Town and I can keep my number for the mail. There are homes along Aviation and Dixon Road that have two numbers on the house the old one and the new one. DIRECTOR OF BUILDING & CODES, MR. HATIN-Which is correct. COUNCILMAN STEC-I would strongly encourage people to use this as their mailing address. DIRECTOR OF BUILDING & CODES, MR. HATIN-I would too, I'm not saying I wouldn't. I'm saying this takes down the non compliant number and forces them to put up the compliant number so it takes care of what is everybody's concern emergency services. Obviously when 911 is dialed that screen pops up in front of the dispatcher that has a street address on it that's the number the dispatcher is going to send emergency services to. If the number is on the house it takes away all doubts also the dispatcher can give them the nearest cross streets so we can narrow it down on a long road or a short road either way that's the purpose of this law. COUNCILMAN STEC-In the last couple weeks since this was first discussed three or four weeks ago most of us on the board have had opportunity to talk with members of the fire departments and rescue squads and sheriff department. Without exception everyone I talked to said this is a problem this is a genuine problem people from all three of those communities. . .. DIRECTOR OF BUILDING & CODES, MR. HATIN-I agree I work emergency services too, I have for twenty-five years I know it's a problem. MR. SALVADOR-Can't we take care of the problem you talk about with the framework of the original law? COUNCILMAN STEC- There is no law. MR. SALVADOR-If we put into affect a system an emergency response system involves numbering houses etc., etc., you mean there is not teeth in that law to make people conform to the requirements of it? DIRECTOR OF BUILDING & CODES, MR. HATIN-No there is not. MR. SALVADOR-Let's go back and revisit that law let's not pass another one on top of it. DIRECTOR OF BUILDING & CODES, MR. HATIN-That is also a county law which we have no jurisdiction. MR. SALVADOR-Let the county revisit it. COUNCILMAN STEC-I'd rather lead than follow. DIRECTOR OF BUILDING & CODES, MR. HATIN-The other problem you have too is the 911 numbering system has been handed off to my department we cannot move forward without this local law. COUNCILMAN STEC-We can encourage the county or other communities in the county to pass similar laws, but for the purpose of public safety in the Town of Queensbury I'm not going to wait for the county to straighten out the law when we have the power and authority to correct the situation ourselves. I think it would be wise for other towns in the county to do likewise, but I'm not going to wait for the county to say we should fix that when that impacts pubic safety. MR. SALVADOR-But it's their public safety program its the county's public safety, the sheriff it's the county agency. It's their problem and if they have cascaded on to this town a requirement to put this into affect and the tools aren't there for you to do the job it's incumbent upon them to correct it. COUNCILMAN BREWER-There only public safety is the police right? We have fire, ems, in the Town of Queensbury. MR. SALVADOR-The program emanated from the county 911 is a county affair. DIRECTOR OF BUILDING & CODES, MR. HATIN-Ifyou want to take John's comment one step further it actually initiated with NYNEx. NYNEX said they would not do the enhance 911 this is my understanding of it anyway until the county renumbered the entire county to be consistent so they could assign street numbers to every phone number. That's the way they've done it in other enhance 911 counties that's why you see all the counties around here doing it. So it's actually a mandate from the Phone Company not from the Sheriffs Department. COUNCILMAN STEC-I just don't see how it's a burden on us at all to pass this law. I don't see it as a burden at all the town will pass the law it will take us all of ten minutes and two dollars worth of paper and ink and it will be a law. MR. SALVADOR-And it will get stuffed on the shelve like everything else. COUNCILMAN STEC-It will be us enforcing it anyway. DIRECTOR OF BUILDING & CODES, MR. HATIN-Actually Mr. Salvador I'll probably be using this next week. MR. SALVADOR-Is it going to work? COUNCILMAN BREWER-We hope it is. COUNCILMAN STEC-Yeah, absolutely. DIRECTOR OF BUILDING & CODES, MR. HATIN-It will work I'll guarantee it will work we have the teeth now to make it work. SUPERVISOR BROWER-Dave I just have one question for you. Will you be working with Tim Tremblay at the County on any new street numbering that does occur? DIRECTOR OF BUILDING & CODES, MR. HATIN-We currently do that because I have to advise them of any new streets or private roads in the Town for numbering purposes, identification, and 911 system, and tracking so that we can make the system work as it does now. That happens any time we take a new street or private road. SUPERVISOR BROWER-Thank you. COUNCILMAN TURNER-We have to close the public hearing. SUPERVISOR BROWER-First I'll give anyone else an opportunity who might have wanted to speak and just didn't say anything to talk on this? Being none I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.1 OF 2001 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED "DISPLAY OF OFFICIAL STREET ADDRESS" RESOLUTION NO. 57,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: lof 2001 to amend the Queensbury Town Code by adding a new Chapter entitled "Display of Official Street Address," which Local Law would require the prominent display of Town residents' street addresses originally assigned by the Warren County Sheriffs Department and subsequently assigned by the Town of Queensbury Director of Building and Codes for the 911 emergency telephone system, and WHEREAS, the Town Board duly held a public hearing on February 5th, 2001 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of2001 to amend the Queensbury Town Code by adding a new Chapter entitled "Display of Official Street Address," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None LOCAL LAW NO.: 1 OF 2001 A LOCAL LAW REQUIRING DISPLAY OF OFFICIAL STREET ADDRESS IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Authority. The Town Board has determined that requiring the prominent display of the street address originally assigned by the Warren County Sheriffs Department and subsequently assigned by Town of Queensbury Director of Building and Code Enforcement for the 911 emergency telephone system will promote the health, safety and general welfare of the community, including the protection and preservation of the property of the Town and of its inhabitants, by facilitating rapid response to emergency calls. This Local Law is adopted in accordance with Town Law ~130(l5) and Municipal Home Rule Law ~1O. Section 2. Definitions. "OFFICIAL STREET ADDRESS" means the street address assigned to a building and/or separate units within a building either originally by the Warren County Sheriffs Department or subsequently by the Town of Queensbury Director of Building and Code Enforcement for purposes of quickly and accurately identifying the location of an emergency reported via the 911 emergency telephone system. Section 3. Display of Official Street Address. The owner of every building in the Town of Queensbury which has been assigned an Official Street Address shall prominently display the address on the building and/or at the entrance to the building grounds in accordance with the guidelines provided by the Warren County Sheriffs Department. In the case of an apartment building or other building containing multiple separate units, the number, letter or number/letter combination identifying each unit shall also be prominently displayed at the door of that unit or as otherwise recommended by either the Warren County Sheriffs Department or the Town of Queensbury Director of Building and Code Enforcement. Section 4. Enforcement. A. Violations. Failure to comply with this Local Law shall be deemed an offense punishable by a fine not exceeding Fifty Dollars ($50) and Ten Dollars ($10) for each succeeding day that the Official Street Address is not displayed. B.Appearance Tickets/Information. The Town Enforcement Officer, or such other person designated by the Town Board or authorized by law, upon receipt of a complaint or upon such person's own initiative, may commence proceedings in Queensbury Town Court by issuing an appearance ticket to an officer and/or filing an information with the Queensbury Town Court pursuant to New York Law. C.Civil Actions and Penalties. In addition to any other remedies provided by this Local Law, the Town may commence a civil action to compel compliance with this Local Law. The Town may seek a civil penalty of up to Fifty Dollars ($50) and Ten Dollars ($10) for each succeeding day that the Official Street Address is not displayed. Section 5. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. Section 6. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 7. Effective Date. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State as provided in ~27 of the Municipal Home Rule Law. The Official Street Address must be displayed in accordance with this Local Law within thirty (30) days of the effective date of this Local Law. CORRESPONDENCE NONE OPEN FORUM PLINEY TUCKER-Spoke to the board regarding Resolution Setting Public Hearing Concerning Abandonment of Clifford Avenue. Questioned where Clifford Avenue was? COUNCILMAN BREWER-It is down by the Portland Cement Company. MR. TUCKER-Spoke to the board regarding Resolution Setting Town Board Meeting for April. Questioned if the board will be setting the meetings monthly? SUPERVISOR BROWER-Noted he would be away during April. MR. TUCKER-Spoke to the board regarding the Library and rewriting the law for construction to the library. Questioned who will be rewriting the law? SUPERVISOR BROWER-Noted they have a draft law written they are holding off on implementing it noting he would like to meet with Moreau and Glens Falls at the next Glens Falls Queensbury Joint Project. Noted he will be inviting the Moreau Town Board to join them to discuss issues regarding the library. Harry Gutheil and the Mayor basically agreed with Queensbury's position that all three municipalities should pass a capital project for the library if it is a major building project. MR. TUCKER-Questioned if the public would have a chance to look at it before it became part of the law? SUPERVISOR BROWER-Noted it would probably be something that would need a public hearing. TOWN COUNSEL, SCHACHNER-Noted he is not aware that they have a draft of a law only a draft of a resolution which is a request of the legislature to amend a State Statue. Not aware of any requirement that this Town Board or the Moreau Town Board or the City to conduct any public hearings because none of those three municipalities are proposing to change any of their own local laws. COUNCILMAN STEC-Questioned if there would be three separate resolutions coming from the three boards? SUPERVISOR BROWER-To clarify this once they all meet. MR. TUCKER-Questioned who will take a look at this before the legislature acts on it? COUNCILMAN BREWER-Our Attorney. Noted they would be writing the resolution to amend the law the way they felt it was when they took office. MR. TUCKER-Questioned the board regarding the Library's request for need of an assistance noting they have no money for this position will be doing this with an endowment. Noted one of the reasons the budget went up thirteen point two percent for the library was that there was going to be an assistant appointed because of the major expansion. COUNCILMAN BREWER-That's was part of it. MR. TUCKER-Asked the Supervisor to look into this matter with the Library Board. JOHN SALVADOR-Spoke to the board regarding the enabling legislation for the library noting this must be revisited. Spoke to the board regarding the annual filing of the Library's proposed budget including cost of library services to be raised by levy for the public library district noting he has foiled each municipality it has never been done since 1992. Asked the board how to get this done properly? Spoke to the board regarding the formula for calculating the tax levy noting he has foiled this number and has been denied since 1992, questioned how to get this accomplished? SUPERVISOR BROWER -Noted they would be addressing these questions. MR. SALVADOR-Spoke to the board regarding the filing of Liquor License with the State of New York. OPEN FORUM CLOSED 8:05 P.M. RESOLUTIONS RESOLUTION AWARDING BID FOR LIGHT SODA ASH AND SODIUM HYPOCHLORITE FOR USE AT WATER TREATMENT PLANT RESOLUTION NO. 58,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Purchasing Agent duly advertised for bids for light soda ash and sodium hypochlorite in accordance with Water Department Bid Specification No. 's: 00-10 and 00-11, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed the bids and have recommended that the Town award the bid for light soda ash to Astro Chemicals, the lowest bidder meeting all requirements specified in the bid specifications, and award the bid for sodium hypochlorite to Surpass Chemicals, the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for light soda ash to Astro Chemicals for the amount of $0.109 per pound delivered and awards the bid for sodium hypochlorite to Surpass Chemicals for the amount of $0.44 per gallon delivered, with payment for the chemicals to be from the appropriate Water Department Account(s), and BE IT FURTHER, RESOLVED, that Astro Chemicals and Surpass Chemicals (Suppliers) shall supply the respective chemicals to the Town through December 31,2001, with the understanding that if the Town Water Department and Suppliers agree, the Suppliers may continue to supply the chemicals to the Town for two additional one-year terms. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2001 THREE-WHEELED MECHANICAL BROOM STREET SWEEPER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 59,2001 INTRODUCED BY: Mr. Thedore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2001 three-wheeled mechanical groom street sweeper as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for a 2001 three-wheeled mechanical groom street sweeper for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ABANDONMENT OF A PORTION OF CLIFFORD AVENUE RESOLUTION NO.: 60, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Highway Superintendent has received a written request from the Glens Falls Lehigh Cement Company for the abandonment of a portion of Clifford Avenue in the Town of Queensbury, and WHEREAS, it is the Town Board's understanding that such portion of Clifford Avenue has not been used and has been blocked off for many years with piles of stone rubble, and WHEREAS, the Town Highway Superintendent has informed the Town Board that the portion of Clifford Avenue has not been maintained or used in over six years, is not needed for any Town purpose and the portion has become useless to the Town, and WHEREAS, the Town Board wishes to set a public hearing to hear all interested parties concerning the proposed abandonment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 26th, 2001 to consider the proposed abandonment of a portion of Clifford Avenue, Queensbury, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 61,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2000 Town Budget as follows: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-5132-2001 01-5132-4500 1,070. (Misc. Equipment) (Fuel OillNatural Gas) 01-1620-4400-0028 01-5132-4400 37. (Misc. Contractual) (Misc. Contractual) 01-1620-4400-0028 01-5132-4300 500. (Misc. Contractual) (Utilities) 01-1620-4400 01-1620-2060 3. (Misc. Contractual) (Tools) 01-1620-4400 (Misc. Contractual) HIGHWAY GARAGE: 01-5132-4300 (Utilities) 1,105. FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-5132-4720 (Consultants) 1,000. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 62,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, and WHEREAS, the Queensbury Town Board has set the Year 2001 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: Transfer From Transfer To Approp Code $ Approp Code $ 001-1110-1212 29,847.00 001-1110-1062 33,718.00 001-1110-1212-0002 800.00 001-1110-1062-0002 3,000.00 001-1110-1062 2,971.00 001-1110-1212 702.00 001-1220-1050 870.00 001-1315-1035 1,739.00 001-1315-1180 38,000.00 001-1315-1039 37,987.00 001-1315-1100 1,469.00 001-1315-1090 968.00 001-1330-1120 169.00 001-1330-1130 611.00 001-1345-1150 120.00 001-1355-1078 2,394.00 001-1355-1170 990.00 001-1355-1730 2,603.00 001-1410-1200 2,260.00 001-1410-1200 2,673.00 001-1420-1890 31,185.00 001-1420-1935 34,935.00 001-1420-1890-0002 300.00 001-1460-1061 792.00 001-1620-1221 1,200.00 001-1620-1860 2,011.00 001-1680-1042 927.00 001-1680-1043 815.00 001-3410-1630 987.00 001-3410-1480 795.00 001-3620-1820 1,273.00 001-3620-1372 970.00 001-3620-1372 910.00 001-3620-1605 498.00 001-8010-1605 498.00 001-8020-1605 499.00 001-5010-1300 1,249.00 001-501-1320-0002 250.00 001-5010-1320 1,486.00 001-7020-1330 3,870.00 001-7020-1360 2,864.00 001-7020-1361 3,011.00 001-7510-1621 500.00 001-8010-1606 960.00 001-8020-1610 1,158.00 001-8020-1620 1,140.00 002-1990-1002 2)00.00 002-8810-13 80 3,611.00 002-8810-4200 261.00 002-9010-8010 1,050.00 032-1990-1002 1,283.00 032-8110-1810 1,283.00 040-1990-1002 2,693.00 040-8310-1490 2,693.00 040-1990-1002 245.00 040-8310-1500 245.00 040-1990-1002 1,501.00 040-8340-1550 1,501.00 910-1990-1002 2,600.00 910-8160-1600 2,607.00 910-9010-8010 7.00 Intradepartment Transfers 115,322.00 167,532.00 001-1990-1002 52,210.00 General Fund Payroll Contingency Transfer Totals 167,532.00 167,532.00 Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR MICROSOFT OFFICE 2000 LICENSES FROM DELL COMPUTER RESOLUTION NO.: 63,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Computer Technology Coordinator has advised the Town Board that it is necessary for the Town to purchase a number of Microsoft Office 2000 Licenses and recommends that the Town Board authorize purchase of the Licenses from Dell Computer for an amount not to exceed $5,747, and WHEREAS, New York State Bidding is not required as the Licenses to be purchased are in accordance with New York State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the purchase of 18 Microsoft Office 2000 Licenses, 2 Microsoft Office upgrades to 2000 and 5 Visio Technical licenses from Dell Computer in accordance with New York State Contract pricing for an amount not to exceed $5,747 to be paid for from the appropriate accounts, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Computer Technology Coordinator and/or Town Comptroller's Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Questioned what were Office 2000 licenses? BOB KEENAN, DIRECTOR OF INFORMATION TECHNOLOGY-Office 2000 is the combination of Microsoft Word, Excel, Power Point that is used by most of the offices in the Town for communication. This is a paper copy of a license so we can legally use this piece of software mainly because we have added a number of computer users in the Town. RESOLUTION SCHEDULING PUBLIC HEARINGS CONCERNING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE SMALL CITIES PROGRAM RESOLUTION NO.: 64,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to apply for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program for the purposes of community development improvements such as housing, public facilities and/or economic development, and WHEREAS, the Town Board wishes to schedule the required public hearings concerning the application and use of CDBG funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold two public hearings at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 26th, 2001 and April 2nd, 2001, to hear all interested persons and take any necessary action provided by law concerning its application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post Notices of Public Hearings a minimum often (10) days prior to each scheduled public hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Community Development Department to sign any documentation and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None RESOLUTION ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR NEW YORK STATE COMMUNITY DEVELOPMENT TECHNICAL ASSISTANCE PROGRAM FUNDS RECEIVED BY THE TOWN OF QUEENSBURY RESOLUTION NO.: 65,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 358,2000 the Queensbury Town Board authorized the submission of an application for New York State Community Development Technical Assistance Program funds through the New York State Governor's Office for Small Cities, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $2,500 from the New York State Governor's Office for Small Cities, and WHEREAS, the Town Board wishes to establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $2,500 for New York State Community Development Technical Assistance Program grant funds received by the Town through the New York State Governor's Office for Small Cities, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUNDS RECEIVED BY THE TOWN OF QUEENSBURY RESOLUTION NO.: 66,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 56,2000 the Queensbury Town Board authorized the submission of an application for Local Government Records Management Improvement grant funds through the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the purpose of implementing Applied GIS, Inc. 's recommendations for a Town-wide GIS system, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $70,447, and WHEREAS, the Town Board wishes to establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes estimated revenues in the amount of $70,447 from Local Government Records Management Improvement grant funds received by the Town through the New York State Education Department State Archives and Records Administration (SARA), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes appropriations totaling $70,447, in accordance with the spending plan set forth in the grant application and approval, such appropriations to be recorded in accounts to be determined by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to amend the 2001 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INC. TO IMPLEMENT TOWN-WIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) RESOLUTION NO: 67,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 288.99, the Queensbury Town Board authorized and directed engagement of Applied GIS, Inc., to provide a Geographic Information System (GIS) needs assessment to evaluate potential GIS applications with various Town of Queensbury Departments, and WHEREAS, by Resolution No. 56,2000, the Queensbury Town Board authorized the submission of an application for Local Government Records Management Improvement grant funds through the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town to implement Applied GIS, Inc. 's recommendations for the Town-wide GIS system, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $70,447, and WHEREAS, by Resolution, the Town Board has established appropriations and estimated revenues in the amount of $70,447 for the grant funds, and WHEREAS, the Director of Information Technology and Executive Director of Community Development have requested Town Board authorization to engage the services of Applied GIS, Inc. for an amount not to exceed $53,030 to implement Applied GIS, Inc.'s recommendations for the Town-wide GIS system as delineated in Applied GIS, Inc.'s proposal attached to this Resolution, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Applied GIS, Inc., to implement the Town-wide Geographic Information System (GIS) system for an amount not to exceed $53,030 as delineated in Applied GIS, Inc.'s proposal attached to this Resolution, and BE IT FURTHER, RESOLVED, that payment for these services shall be from the accounts established by the Town Comptroller's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Information Technology, Executive Director of Community Development and/or Town Supervisor to execute any forms or agreements necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT'S ATTENDANCE AT 2001 AMERICAN PLANNING ASSOCIATION NATIONAL PLANNING CONFERENCE RESOLUTION NO.: 68, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury Executive Director of Community Development has requested Town Board authorization to attend the 2001 American Planning Association (APA) National Planning Conference, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Planning Department's budget, and WHEREAS, the Town Supervisor has approved the Executive Director's expenses for attendance at the conference, and WHEREAS, in accordance with Town policy the Queensbury Town Board must also authorize out-of-state travel by a Town Employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development's attendance at the 2001 APA National Planning Conference to be held in New Orleans, Louisiana from March 10 through March 14,2001, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. Duly adopted this 26th day of February, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN-HAMILTON COUNTIES' OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 69,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties' Office for the Aging, has presented the Queensbury Town Board with an Agreement for transportation for the elderly services for 2001, with Warren County to reimburse the Town in the amount of $6,607 for the Town's provision of these services, and WHEREAS, the Agreement is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties' Office for the Aging and further authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH WARREN SNOWMOBILE CLUB FOR MARKING AND GROOMING OF SNOWMOBILE TRAILS DISCUSSION HELD COUNCILMAN STEC-Asked to have this pulled noting there are still issues to be discussed and no one is present from the snowmobile club. Board members in agreement. RESOLUTION AMENDING RESOLUTION NO.: 50.2001 REGARDING KERRIE HATIN'S CARRY OVER OF UNUSED VACATION DAYS RESOLUTION NO.: 70, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 50 of 200 1 the Queensbury Town Board authorized Kerrie Hatin to carry over five and one-half (5\12) days beyond her employment anniversary date, such days to be utilized prior to December 31, 2001, and WHEREAS, the Town's past practice has been to require employees to utilize the carryover of vacation time prior to 90 days past the employee's anniversary date, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 50 of 200 1 to require that Ms. Hatin utilize the vacation days prior to April 27, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 50 of 200 1 such that Kerrie Hatin may carry over five and one-half (5 \12) vacation days to be utilized prior to April 27, 2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 50 of 2001 in all other respects. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION RE-ADOPTING TOWN OF QUEENSBURY EMPLOYEE HANDBOOK RESOLUTION NO.: 71,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury Employee Handbook (Handbook) delineating Town employee policies and procedures, and WHEREAS, during the past several years the Town Board has revised the Handbook from time to time, and WHEREAS, the Town Board wishes to re-adopt the Handbook in a new format in order to include all revisions made to the Handbook since the time of its adoption, restructure the document and its Table of Contents to properly present all the revisions, and correct grammatical errors or inaccuracies, and WHEREAS, a copy of the republished Handbook has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-adopts its Employee Handbook in its restructured version as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the Employee Handbook to all Town employees and elected officials. Duly adopted this 5th day of February, 2001 by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SUSAN KUBIK AS PART-TIME PERMANENT SENIOR TYPIST IN WASTEWATER DEPARTMENT RESOLUTION NO. : 72,2001 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. James Martin WHEREAS, the Town Wastewater Director has requested Town Board authorization to hire a permanent, part-time Senior Typist to work approximately 30 hours a week in the Wastewater Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Wastewater Director to hire Susan Kubik as a permanent, part -time Senior Typist at the current rate of pay for the Senior Typist position delineated in the Town's Agreement with the Town's Civil Service Employee Association to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that this shall be a provisional appointment effective February 6th, 2001 subject to Ms. Kubik passing the applicable Civil Service exam and any other Civil Service requirements and a six month probation period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Wastewater Director to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF GEORGE CARPENTER FROM HIGHWAY DEPARTMENT TO WATER DEPARTMENT RESOLUTION NO. : 73,2001 INTRODUCED BY Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, George Carpenter, currently employed as an MEO in the Highway Department, has applied for a Laborer position in the Town Water Department, and WHEREAS, the Town Water Superintendent has requested Town Board authorization to transfer George Carpenter from the Highway Department to the position of Laborer in the Town Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of George Carpenter from the Town Highway Department to the permanent, full-time Laborer position at the Town Water Department at the current rate of pay for the Laborer position delineated in the Town's Agreement with the Town's Civil Service Employee Association to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that this appointment shall be effective February 12th, 2001 and shall be subject to any Civil Service requirements and a six month probation period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Water Superintendent to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SCHEDULING TOWN BOARD MEETINGS FOR APRIL, 2001 RESOLUTION NO.: 74, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Supervisor has requested a change to the regular Town Board meeting schedule for April, 2001, and WHEREAS, the Town Supervisor also wishes to set dates for any special, Town Board Workshop meetings that may be needed in April, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and sets its April, 2001 meeting schedule as follows: Regular Town Board Meetings: April 2nd and April 23, 2001 Special, Workshop Meetings (if needed): April 9th and/or April 30th, 2001 Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR 2001 MEDIUM DUTY CAB AND CHASSIS FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 75, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2001 medium duty cab and chassis for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC 57061, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) 2001 medium duty cab and chassis from International Truck and Engine Corp. in accordance with New York State Contract #PC 57061 for an amount not to exceed $39,816 to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) WACKER ROLLER FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 76, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he solicited proposals for the purchase of a Wacker roller for use by the Town Highway Department, and WHEREAS, the Highway Superintendent has requested Town Board approval to purchase the roller from Albany Ladder for an amount not to exceed $9,566.85, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) Wacker roller from Albany Ladder for an amount not to exceed $9,566.85 to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION ADOPTING TOWN BOARD VOTING PROCEDURE RESOLUTION NO.: 77, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board currently adopts all Resolutions by voting on a rotating roll call basis whereby the four (4) Town Councilpersons take turns voting first, second, third and fourth and the Town Supervisor always votes last, and WHEREAS, in accordance with Town Law ~63, a Town Board may determine its rules of procedure, including its voting procedure, and WHEREAS, the Town Board wishes to adopt a new voting procedure whereby the Town Supervisor would also be included in the voting rotation instead of always voting last, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts, authorizes and directs implementation of a new voting procedure on Town Board Resolutions whereby the Town Supervisor will be included in the rotating roll call basis so that the four (4) Town Councilpersons and Town Supervisor will take turns voting first, second, third, fourth and fifth, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to take any action necessary to implement this new voting procedure and effectuate the terms of this Resolution. Duly adopted this 5th day of February, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin NOES Mr. Turner, Mr. Brower ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Stec presented from the floor a resolution regarding voting procedure for Town Board members. After further discussion the board passed a Resolution Adopting Town Board Voting Procedure. TOWN COUNCILMEN'S CONCERNS COUNCILMAN MARTIN-Spoke to the board regarding the Smart Growth Committee asked the board if they want to interview or appoint from a list? SUPERVISOR BROWER-To be discussed in Executive Session. COUNCILMAN MARTIN-Spoke to the board regarding the library noting there are three sitting members on the Board of Trustees that are town residents the Chairman of which is now a town resident. Respectfully asked the board to invite these people to a meeting to have a friendly discussion. COUNCILMAN STEC-Agreed. Would like to move forward thinks an expansion of some sort is needed. Spoke to the board regarding the newspaper articles and editorial in the Post Star noting a meeting was held on January 11th, he was not in attendance was not invited and did not know about the meeting until he read about it in the newspaper noting there are communications issues. COUNCILMAN MARTIN-Asked to invite the representatives from the Town to have a discussion. SUPERVISOR BROWER-To schedule a meeting for February 28th, at seven. COUNCILMAN BREWER-Asked Comptroller Hess where the $70,000 comes from and goes to regarding the Fleet Service? COMPTROLLER HESS-Comes from the general fund into the Central Fleet Internal Service Fund. Noting he will be discussing this with the board at a workshop next week. COUNCILMAN STEC-Questioned when the meeting is scheduled regarding the Noise Ordinance. SUPERVISOR BROWER-To be held Thursday evening at seven. Has contacted the Sheriff noting he will be present Judge Muller will also be present. COUNCILMAN STEC-Spoke to the board regarding the request from Prospect School regarding the School Zone noting it doesn't meet the conditions. According to Highway Law because the intersection is not manned they are not actually crossing children back and forth it does not meet the minimum requirements to grant it a School Zone. Noted he has received a couple comments recently that our Web Site needs to be updated. COUNCILMAN BREWER-Spoke to the board regarding a meeting being held Wednesday night concerning Dredging of the Hudson River asked the board if they would be taking a position. SUPERVISOR BROWER-Noted they already have. COUNCILMAN STEC-Noted it was the previous board. COUNCILMAN BREWER-Noted it was at a meeting regarding PCB's that were up river of the Treatment Plan. EXECUTIVE DIRECTOR, MR. ROUND-It was a mediation plan that was identified for that site they reviewed that report and provided a recommendation to the board there was no presentation. COUNCILMAN BREWER-Asked for a copy of the minutes or resolution. Noted board should take a position one way or the another. PLANNED DISCUSSIONS Senior housing presentation made from Charles Brush from Green Mountain Development. ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 78,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel matters. Duly adopted this 5th day of February, 2001, by the following vote: Ayes: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 79,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board adjourns its Regular Town Board Meeting. Duly adopted this 5th day of February, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury